PEOPLE v. THOMAS


107 Misc.2d 325 (1980)

The People of the State of New York, Appellant, v. Russell Thomas, Jose Ricio, Casper Mendosa and Luis Colon, Respondents.

Supreme Court, Appellate Term, First Department.

October 30, 1980


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Allan D. Marrus and Billie Manning of counsel), for appellant. William E. Hellerstein and Barry D. Leiwant for Russell Thomas, respondent. Howard A. Jaffe for Jose Ricio and others, respondents.

Concur: DUDLEY, P. J., HUGHES and ASCH, JJ.


Per Curiam.

Order dated September 21, 1978 (PREMINGER, J.) reversed, on the law, complaints reinstated, and cases remanded to the Criminal Court, Bronx County, for further proceedings.

In this prosecution for theft of electrical services, the Criminal Court granted defendants' motion to dismiss upon the ground that the evidentiary presumption contained in subdivision 6 of section 165.15 of the Penal Law...

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